BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2020|
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                                 THIRD READING


          Bill No:  AB 2020
          Author:   Fletcher (R)
          Amended:  8/3/10 in Senate
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  5-0, 6/15/10
          AYES:  Corbett, Harman, Hancock, Leno, Walters

           ASSEMBLY FLOOR  :  72-0, 4/15/10 - See last page for vote


           SUBJECT  :    Family Law

           SOURCE  :     Academy of California Adoption Lawyers


           DIGEST  :    This bill makes several changes to adoption  
          processes and adoptive placement considerations.

           Senate Floor Amendments  of 8/3/10 make several clarifying  
          and substantive changes.  First, it removes a reference to  
          "voluntary adoption placement" that was deemed unnecessary  
          since all adoptions in that section are voluntary.  Second,  
          these amendments would delete provisions pertaining to when  
          a child may be placed with prospective adoptive parents  
          over relatives, and replace it with provisions that more  
          clearly define what the Department of Social Services,  
          adoption agency, and court should consider in making such  
          placements.  Finally, these amendments establish a  
          grievance procedure in the event that an agency acts  
          inappropriately when conducting a step-parent adoption  
          investigation.  Specifically, the amendments state that the  
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          adoption agency shall assign the investigation to a  
          licensed clinical social worker or marriage and family  
          therapist associated with the agency.  Any grievance  
          regarding the investigation would be directed at the  
          licensing authority of the licensed professional that  
          performed the investigation.  These amendments would also  
          specify that the Department of Social Services would not be  
          required to issue regulations for step-parent adoptions.

           ANALYSIS  :    Every year, the Academy of California Adoption  
          Lawyers (ACAL) seeks to clarify or modify provisions in the  
          Family Code which they have identified as having either  
          technical errors or as being the basis for conflicting  
          court rulings that could potentially prolong the adoption  
          process.  This bill is being sponsored by ACAL for this  
          specific purpose.

          Existing law provides that a man may bring an action at any  
          time to determine that he is the father of a child having  
          no presumed father. Under existing law, a man who is not a  
          presumed father may bring an action to establish that he is  
          the natural father of a child having a presumed father if  
          the mother has relinquished for, or consents to, the  
          adoption of the child, and requires that he bring this  
          action within 30 days after (1) he is served with notice  
          that he is or could be the father or (2) the birth of the  
          child, whichever is later.

          This bill deletes the latter provisions relating to the  
          time periods in which a man may bring an action to  
          establish paternity and instead provides that a man may  
          bring an action at any time to establish that he is the  
          father of a child, subject to a specified exception.

          Existing law provides that if a mother consents to, or  
          relinquishes for, the adoption of a child, a petition to  
          terminate the parental rights of the father is required,  
          subject to specified exceptions, and an action to terminate  
          the parental rights of the father shall be set for a  
          hearing.

          This bill authorizes the court in an action to terminate  
          parental rights to dispense with a hearing and issue an ex  
          parte order terminating parental rights if the identity or  

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          whereabouts of the alleged father is unknown, he has been  
          served with a written notice of his alleged paternity and  
          the potential adoption and has failed to respond, or he has  
          signed a waiver of his right to notice or a denial of  
          paternity.

          Existing law provides that if a child is being considered  
          for adoption, the State Department of Social Services or  
          licensed adoption agency is required to first consider  
          adoptive placement in the home of a relative, unless it is  
          not in the child's best interest  ,  or if other specified  
          conditions exist, in which case the foster parent of the  
          child shall be considered along with all other prospective  
          adoptive parents, if certain criteria are met.

          This bill makes these provisions applicable to children who  
          are being considered for voluntary adoption placement, and  
          specifies that a parent's refusal to place the child with  
          relatives or siblings is a sufficient basis for the  
          department or licensed adoption agency to determine that  
          the placement is not in the child's best interest, except  
          as provided include the birth parent's refusal to consider  
          a relative or sibling placement for the child as a  
          condition upon which the foster parent of the child shall  
          be considered for placement, if certain criteria are met.

          Existing law, if a parent is seeking to relinquish a child  
          or execute an adoption placement agreement, the State  
          Department of Social Services, licensed adoption agency, or  
          adoption service provider is required to ask the child and  
          the child's parent or custodian whether the child is, or  
          may be, a member of an Indian tribe.  Existing law provides  
          that these entities are required to send a specified notice  
          and a request for confirmation of the child's Indian status  
          to any parent or custodian of the child, and to any Indian  
          tribe of which the child is, or may be, a member.

          This bill additionally includes an attorney for the  
          prospective adoptive parents among the entities that are  
          required to send this notice and request for confirmation  
          of a child's Indian status.

          Existing law provides that in each case of stepparent  
          adoption, the probation officer, qualified court  

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          investigator, licensed clinical social worker, licensed  
          marriage family therapist, or the county welfare department  
          is required to conduct an investigation.

          This bill additionally includes a private licensed adoption  
          agency among the entities that are required to conduct the  
          investigation, and requires the adoption agency to assign  
          the investigation to a licensed clinical social worker or  
          licensed marriage and family therapist associated with the  
          agency. The bill also requires that any grievance regarding  
          the investigation be directed to the licensing authority of  
          the clinical social worker or marriage and family  
          therapist.

          Existing law provides that a court may appoint a guardian  
          of the person or estate of a minor child if it appears  
          necessary or convenient, as specified. Under existing law,  
          a proceeding to have the child declared free from the  
          custody and control of one or both parents may be brought  
          in the guardianship proceeding if specified requirements  
          are met, including a requirement that the child have been  
          in the physical custody of the guardian for a period of not  
          less than two years.

          This bill provides that a proceeding to have a child who is  
          the subject of a guardianship declared free from the  
          custody and control of one or both parents may be brought  
          in the guardianship proceeding, in an adoption action, or  
          in a separate action filed for the purpose. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  8/4/10)

          Academy of California Adoption Lawyers (source)
          Family Law Section of the State Bar

           ARGUMENTS IN SUPPORT  :    According to the author's office  
          and the sponsor, this bill seeks to address technical  
          issues that may cause families pursuing adoptions to spend  
          scarce resources on legal fees due to inconsistencies in  
          state court and statutory laws.


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           ASSEMBLY FLOOR  : 
          AYES:  Ammiano, Anderson, Arambula, Bass, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De  
            La Torre, De Leon, Emmerson, Eng, Feuer, Fletcher, Fong,  
            Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,  
            Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Huber, Huffman, Jeffries, Knight, Lieu, Logue, Bonnie  
            Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,  
            Niello, Nielsen, Norby, V. Manuel Perez, Portantino,  
            Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,  
            Audra Strickland, Swanson, Torlakson, Torres, Villines,  
            Yamada, John A. Perez
          NO VOTE RECORDED:  Adams, Block, DeVore, Evans, Jones,  
            Torrico, Tran, Vacancy


          RJG:do  8/4/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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